State Control And Land Rights: A Study On The Issues Of Land Ownership In The Tang Dynasty

In the history of our country,land not only provided labor tools and labor places for small-scale peasant economy,but also the foundation of agricultural society.The tang dynasty was the key period of the development of the land privatization in ancient China,and the idea of not cultivating the field began to appear.With the development of private land,the land rights consciousness of landowners gradually came into being and developed.Different from the traditional method of land sale and annexation,this paper focuses on the question of "the historical truth of land privatization" proposed by scholars.It is obvious that the indirect method of land sale or annexation,to counter the false problem of private land,can easily conceal the historical truth of the privatization of state-owned land.In view of this,this paper focuses on the way of privatization of state-owned land in the tang dynasty,as a starting point for the study of land rights issues by means of privatization of land grant,reclamation and land grant.Since the establishment of the tang dynasty,the government has set up a number of laws to protect landlords' private land.The legal right of the state is changed from limitation to respect to land ownership.But the reality is that once civil land disputes occur,landowners need to prove the land themselves.In Dunhuang and Turpan,there are a lot of land deeds that record how the owner of the land seeks all the "sources of power" in land disputes.Or inheritance,or trade,or exchange,are the means by which the owner proves the land.In the tang dynasty,the right to land was reflected in the decentralization of the right to use,except in the concentration of ownership.Therefore,the tenancy system of the land in tang dynasty also presented new features.One is to show the rights of the tenant,the tenant has the right to sublease the land;The second is that during the tenancy period,the tenancy period of the land tenancy in the tang dynasty gradually lengthened,and even the tenancy contract was not fixed.In general,land is associated with appendages,such as houses,trees,pools,etc.,and the relationship between land and these earthly appendages is equally complex.From all attributes,these appendages and lands have a unified ownership of property.For example,in the tang dynasty,"mulberry replanting" was used as the symbol of land exchange,and the water resources utilization also upheld the principle of "water with topography".However,all forms of land are not invariable.Once the land tenancy,sale or inheritance occurs,there will be a different relationship between the appendage and the land.In the tang dynasty,there were examples of selling land without selling trees.Even during the land tenancy process,the tenant should maintain the integrity of the enclosure.Although the farmers in the tang dynasty could obtain a certain amount of land by giving land,reclamation and other means,they could obtain the rights of land return,transaction and lease.The government will protect these land rights,but there is little institutional constraint on the power of the powerful.In addition,the government expropriates land in a way that it does not,and destroys the ownership of land.To destroy the usufruct by means of overtax.In such a context,it is easy to form the paradox of private land ownership:private lands are increasingly being interfered by political power,and landlords need to cling to political power.The landowners,clinging to the power of the powerful,would put their own land in the name of the temple,in order to avoid the interference of political power in the land.However,once the government's religious policy is adjusted,the land of the "name" monastery will still be confiscated.